August 11, 2017 — PHILADELPHIA — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission (Commission) and the Mid-Atlantic Fishery Management Council (Council) reviewed previously approved specifications for summer flounder, black sea bass and bluefish fisheries and modified 2018 and 2019 specifications for scup. The Commission’s actions are final and apply to state waters. The Council will forward its federal waters recommendations regarding scup specifications to NOAA Fisheries Greater Atlantic Regional Fisheries Administrator for final approval.

The table below summarizes commercial quotas and recreational harvest limits (RHL) for summer flounder, scup, black sea bass, and bluefish (2017 values are provided for comparison purposes). Please note the 2019 scup specifications may be adjusted based on changes in the fishery or new scientific information.

Scup

The scup stock assessment update, which includes data through 2016, indicates the stock was not overfished and overfishing was not occurring in 2016. Spawning stock biomass was estimated to be 206% of the biomass target. Given the desire to maintain stable measures and take into account management uncertainty raised by the Monitoring Committee, the Commission and Council approved a commercial quota of 23.98 million pounds (a 30% increase from the 2017 quota) and a RHL of 7.37 million pounds (a 34% increase from the 2017 RHL) for the 2018 and 2019 fishing seasons. The difference between the increases in the commercial quota and RHL is due to projected discard estimates for the commercial and recreational fisheries.

Summer Flounder

For summer flounder,the Commission and Council received a data update, including catch, landings, and survey indices through 2016. The Council and Board maintained the previously approved 2018 specifications based on stock projections from the 2016 assessment update. A benchmark stock assessment is scheduled for peer review in late 2018. A working group is being formed to develop alternative modeling approaches to be considered in the assessment.

The Commission and Council were also presented a range of commercial alternatives for possible consideration in the Draft Summer Flounder Amendment. Based on feedback from both bodies, work will continue on the development of management alternatives for permits and latent effort, as well as commercial allocation. The Board and Council will decide which management alternatives to include in the document at a later meeting.

Black Sea Bass

The Commission and Council received a data update for black sea bass, including catch, landings, and survey indices through 2016. The update indicates black sea bass biomass continues to be high, and the 2015 year class appears to be above average. The Commission and Council maintained 2018 specifications, which were set in February 2017 based on stock projections from the 2016 assessment update. An assessment update is tentatively scheduled for 2018.

Bluefish

The Commission and Council also maintained 2018 specifications for bluefish. The 2018 commercial quota and recreational harvest limit are preliminary and will likely change following release of 2017 final Marine Recreational Information Program harvest estimates. These estimates can impact how much is transferred from the recreational sector to the commercial sector. An assessment update is scheduled for 2018.

For all four species, the Commission and Council actions are consistent with the recommendations of the Council’s Scientific and Statistical Committee based on the best available scientific information. For more information about summer flounder, scup, or black sea bass, please contact Kirby Rootes-Murdy, Senior FMP Coordinator, at krootes-murdy@asmfc.org. For more information about bluefish, please contact Max Appelman, FMP Coordinator, atmappelman@asmfc.org.

August 9, 2017 — The following was submitted to Saving Seafood by Mr. Jim Lovgren:

Earlier this year New Jersey was found to be out of compliance by the Atlantic States Marine Fishery Commission (ASMFC) in regard to the proposed recreational catch specifications for summer flounder, or fluke. The ASMFC, which jointly manages summer flounder with the Mid Atlantic Fishery Management Council (MAFMC), had recommended an increase in the recreational size limit for summer flounder to 19 inches for New Jersey. New Jersey fishery management representatives balked at that proposal and instead presented an alternative proposal that would keep the size limit at the present 18 inches but with a shorter season which would still meet the same conservation goals as the Commission’s plan.

The Commission denied this alternative and declared New Jersey out of compliance, an action that would result in the shutdown of the summer flounder fishery, both recreational and commercial, sometime later this summer. Unfairly, this shutdown would have occurred after the recreational season was over, and would only impact New Jersey’s commercial fishermen, who are already struggling with a 50% cut in their quota over the last two years.

New Jersey appealed the ASMFC’s finding of non-compliance to U.S. Department of Commerce Secretary Wilbur Ross, who on July 11th announced that he agreed with New Jersey, and found its proposed specifications would meet the mandated conservation goals as well as the Commission’s regulations would. The Commission responded with a “sky is falling” press release objecting to the Secretary’s decision, and setting up New Jersey as the fall guy for the so-called collapse of the stock.

Even though I firmly disagree with the assertion that the summer flounder stock is in trouble, fishery managers need to examine their past mistakes in managing the species. It is their mismanagement that has caused the recreational industry to target only the largest breeders in the biomass, killing the large females that produce the most viable eggs, while at the same time causing millions of fluke to be discarded dead every year because they do not meet the stringent length requirements.

Fifteen years ago, as a member of the MAFMC, I stated that the constant increasing of the recreational size limit was at some point going to do more damage than good. I said then that I believe that once you reach a size limit of 16 or more inches that the effects of discarding would nullify any effect a higher limit had on reducing the catch. At that time, with a possession size limit of 16 inches, I estimated a five-to-one discard-to-catch rate. That has since climbed to twenty-to-one in some areas, meaning that to catch a single “keeper” an angler will discard 19 smaller fish.

Obviously many of those twenty fish will die, and the National Marine Fishery Service is sticking with a 10% mortality rate for those discards. I personally know of nobody who believes that percentage to be correct, and mortality may well be as high as 50%.

Regardless of what the real mortality rate is, at 10% with a twenty-to-one keeper rate would lead to millions of dead fish annually, and hundreds of thousands of disaffected anglers, who now disregard the regulations because they find them ridiculous. I urged the Council/Commission to do the math and to find the number where discard mortality negates any benefits from increasing the size limit. They never did.

I have been commercial fishing for over forty years and summer flounder is my primary target. The stock reached a historical high about five years ago, and has since declined slightly according to my fishing experience. The last two years I’ve noted a small decline in my catch per unit of effort (CPUE), but this year I have seen the best recruitment of 14 and 15 inch fish I have seen in at least five years. This past month my CPUE has been the best ever, resulting in short day trips of 5 hours dock to dock for my 500 pound trip limit: one two-hour tow, and go home. The two-month season lasted two weeks thanks to the ease of catch, combined with the recent reductions in quota. The summer flounder stock is still near the historic high level of spawning stock biomass, yet the fishing industry is allowed to catch only 20% of the landings that were common 35 years ago with a lower spawning stock biomass.

There is no shortage of summer flounder, only some angry stock assessment scientists who’re still mad that the fishing industry hired their own scientist a few years back to do his own independent stock assessment using the same NMFS data. The scientist, Dr. Maunder, discovered the science was wrong. Coincidentally the fishing industry has hired their own scientists on the east coast for two other fisheries, scallops and monkfish. In both those fisheries the Northeast Fisheries Science Center’s stock assessment science was found to be inaccurate, resulting in a higher quota for the species. So it seems like there is a pattern regarding the NEFSC that indicate the quotas have been set too low.

This brings up the National Academy of Science’s review of all of the fishery management plans that underwent rebuilding after being found to be overfished since the Sustainable Fisheries Act was implemented in 1996. They discovered that in the whole country twenty stocks underwent rebuilding plans that were later found to have not needed them, causing reductions in quota, closures, and putting people out of business. Amazingly, the study found that of those twenty stocks ten of the wrong assessments originated in the NEFSC. There are 6 Fishery Science Centers in the U.S. and no other one had more than two mistakes. Not included in the study were butterfish and menhaden, which were erroneously declared overfished after the study was concluded, which were also wrongly assessed by the NEFSC. That makes 12 out of 22 stocks wrongly assessed by the NEFSC, which is clear incompetence in anybody’s book. These mistakes cost the American public hundreds of millions of dollars, yet no one was held accountable, and the results were swept under the rug.

A decade before the National Academy of Science study, “Trawlgate” occurred, where it was discovered that a trawl survey vessel had been towing their net around for at least two annual surveys with one tow cable shorter than the other. As a result, a trawl survey advisory group was formed, of which I was a member, and designed a new net for the new survey vessel that was soon to be deployed. This net was going to use two different sweeps, a large “rock hopper” sweep for the Gulf of Maine with 12 inch rubber “cookies,” while a smaller 4 inch “cookie” sweep would be used in the Georges Bank and Mid Atlantic regions due to their sand/ mud bottom habitat. The 4 inch cookie sweep is the industry standard size and is designed to catch flatfish and other demersal species. The large rock hopper just rolls over flatfish.

At the same time, the NEFSC cancelled their annual winter trawl survey which was designed to catch flatfish, explaining that by using the new 4 inch cookie sweep in the spring and fall surveys they should get accurate data on flatfish. Within months of the winter survey cancellation they decided that they would only use the large rock hopper sweep throughout the whole of the survey area, resulting in the abandonment of the trawl survey advisory panel, as industry members quit in disgust.

With that track record in mind, we return to Dr. Maunder, who discovered that although summer flounder stock assessments were performed for over 40 years, no one noticed that males rarely grew bigger than 17 inches, and that fish bigger than 18 inches are almost all female. Not taking this important basic biological fact into consideration in doing a stock assessment is going to lead to very inaccurate spawning stock biomass numbers, and hence, another wrong assessment. How embarrassing, of course doing the science right resulted in an increased quota. NMFS has been trying to get those fish back ever since.

So congratulations to Secretary Ross for his well-reasoned decision. As for the Commission and the Council, get your act together and develop a management plan that does not target all the spawning stock biomass, while creating an enormous discard problem, think about a slot limit or total length, ideas that have been suggested for decades, and ignored.

About Mr. Jim Lovgren: Mr. Lovgren is the Captain and owner of the F/V Shadowfax out of Point Pleasant, New Jersey, targeting whiting, fluke, and squid. He is a third generation fisherman who was raised and still resides in Brick, New Jersey. Mr. Lovgren’s grandfather, who was a lifelong fisherman himself, came to New Jersey from Sweden after World War I. Mr. Lovgren has been active in fishery management issues for decades. He currently holds the position of the Director at the Fisherman’s Dock Cooperative, is a Board of Trustee member for Clean Ocean Action, is on the board of directors for the Garden State Seafood Association, and is President of the Ocean County Farm Bureau. Additionally, he has served as the Director of the New Jersey Seafood Harvesters’ Association. Mr. Lovgren has also served on several state and regional fishery advisory councils and served two terms on the Mid-Atlantic Fishery Management Council. In addition to the various councils and boards he has served on, Mr. Lovgren has also presented on Fishing Responsibility for Dogfish at the Responsible Fishing Workshop in Providence, Rhode Island. In 2006, Mr. Lovgren received the Highliner Achievement Award for lifetime service to the fishing industry.

August 4, 2017 — The following was released by the Mid-Atlantic Fishery Management Council:

Tuesday, August 8, 2017 – Thursday, August 10, 2017

The Mid-Atlantic Fishery Management Council will meet next week, August 8-10, 2017, in Philadelphia, Pennsylvania. The meeting will be held at the Courtyard Philadelphia Downtown, 21 North Juniper St., Philadelphia, PA 19107, Telephone 215-496-3200.

During the Council meeting, representatives from the New York State Energy and Research Development Authority (NYSERDA) will hold public open houses to provide fisheries stakeholders with an opportunity to learn about and provide input to the New York State Offshore Wind Master Plan.

NYSERDA representatives will be available for discussion at the following times:

Tuesday, August 8, 11:00am‐7:00pm

Wednesday, August 9, 8:00am‐7:00pm

The open houses will be held in the same hotel as the Council meeting (Courtyard Philadelphia Downtown) in the PHJ Library on the first floor.

July 24, 2017 — STONINGTON, Ct. — Meghan Lapp, an expert on the commercial fishing industry and its regulations, will give a talk entitled “Sea to Table: Bringing the Bounty of the Sea to You” on Thursday at 7 p.m. at the LaGrua Center at 32 Water St.

The Stonington Economic Development Commission is sponsoring the presentation, which will focus on how local harvesters provide fresh seafood, navigate fishery regulations and science, and what species are fresh, local and available. Admission is free.

Lapp, of Narragansett, is a fisheries liaison for Seafreeze Ltd., a producer and trader of sea-frozen fish in North Kingstown. She is on the Habitat Advisory Panel and the Herring Advisory Panel for the New England Fishery Management Council, the Ecosystems and Oceans Planning Advisory Panel for the Mid-Atlantic Fishery Management Council and the Menhaden Advisory Panel for the Atlantic States Marine Fisheries Commission.

She holds a master’s degree in legal science from Queen’s University in Belfast.

Growing up in Long Island, Lapp had familial ties in the fishing industry and worked in a fish market alongside commercial fisherman during summers in college.

Public Comments: Written comments must be received byWednesday, July 26, 2017 to be included in the Council meeting briefing book. Comments received after this deadline but before close of business on Thursday, August 3, 2017 will be posted as “supplemental materials” on the Council meeting web page. After that date, all comments must be submitted using an online comment form available at available at http://www.mafmc.org/public-comment. Comments submitted via the online form will be automatically posted to the website and available for Council consideration.

July 14, 2017 — ARLINGTON, Va. — The following was released by the Atlantic States Marine Fisheries Commission:

On July 11th, Secretary of Commerce, Wilbur Ross, notified the Atlantic States Marine Fisheries Commission that he has found the State of New Jersey to be in compliance with Addendum XXVII to the Summer Flounder Fishery Management Plan. According to the letter sent to the Commission, Secretary Ross’s decision was based on the assertion that “New Jersey makes a compelling argument that the measures it implemented this year, despite increasing catch above the harvest target, will likely reduce total summer flounder mortality in New Jersey waters to a level consistent with the overall conservation objective for the recreational fishery.” This is the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) in 1993 and the Atlantic Striped Bass Conservation Act in 1984 that the Secretary of Commerce failed to uphold a noncompliance recommendation by the Commission.

“The Commission is deeply concerned about the near-term impact on our ability to end overfishing on the summer flounder stock as well as the longer-term ability for the Commission to effectively conserve numerous other Atlantic coastal shared resources,” stated Commission Chair Douglas Grout of New Hampshire. “The Commission’s finding of noncompliance was not an easy one. It included hours of Board deliberation and rigorous Technical Committee review, and represented, with the exception of New Jersey, a unanimous position of the Commission’s state members. Our decision was based on Technical Committee’s findings that New Jersey’s measures were not conservationally-equivalent to those measures in Addendum XXVIII and are projected to result in an additional 93,800 fish being harvested. Additionally, we had an obligation as a partner in the joint management of summer flounder with the Mid-Atlantic Fishery Management Council (Council) to implement measures to end overfishing immediately or face the possibility of summer flounder becoming an overfished stock.”

Based on the latest stock assessment information, summer flounder is currently experiencing overfishing. Spawning stock biomass has been declining since 2010 and is just 16% above the threshold. The vast majority of fishery-independent surveys show rapidly declining abundance. Any increase in overall mortality puts the stock at risk for further declines and increases the probability of the stock becoming overfished. If the stock falls below the biomass threshold, the Magnuson-Stevens Fishery Conservation and Management Act requires the Council to initiate a rebuilding program, which could require more restrictive management measures.

New Jersey was not the only state to be concerned about the impact of the approved measures to its recreational fishing community. Two other states submitted alternative proposals that were rejected in favor of the states equally sharing the burden of needed reductions. Those states, as well as other coastal states, implemented the approved measures in order to end overfishing and support the long-term conservation of the resource.

“The states have a 75-year track record of working together to successfully manage their shared marine resources,” continued Chairman Grout. “We are very much concerned about the short and long-term implications of the Secretary’s decision on interstate fisheries management. Our focus moving forward will be to preserve the integrity of the Commission’s process, as established by the Atlantic Coastal Act, whereby, the states comply with the management measures we collectively agree upon. It is my fervent hope that three-quarters of a century of cooperative management will provide a solid foundation for us to collectively move forward in achieving our vision of sustainably managing Atlantic coastal fisheries.”

The Commission is currently reviewing its options in light of Secretary Ross’s action, and the member states will meet during the Commission’s Summer Meeting in early August to discuss the implications of the Secretary’s determination on the summer flounder resource and on state/federal cooperation in fisheries management under the Atlantic Coastal Act.

NOAA Fisheries Greater Atlantic Regional Administrator John Bullard today formally announced he will retire on January 5, 2018. Bullard, who took the top job in the agency’s Gloucester-based office in 2012, will leave a legacy of improved relationships with the regulated community, the research community, environmentalists, local, state, and federal officials and agency partners, including the New England and the Mid-Atlantic fishery management councils and the Atlantic States Marine Fisheries Commission.

As the regional administrator responsible for leading the agency’s approach to fisheries, habitat, sea turtle, and marine mammal issues from Maine to North Carolina as well as the Great Lakes region, Bullard also provided a much-needed conduit helping the regulated communities understand the critical role of science in informing management decisions.

“As the former Mayor of New Bedford, Bullard brought with him a unique connection to the fishing industry, and used that connection to improve communication with all aspects of the industry and Congress during a very challenging period for the agency,” said Sam Rauch, NOAA Fisheries Deputy Assistant Administrator for Regulatory Programs.

As Regional Administrator, Bullard worked with the fishery management councils and the commission to manage 44 fish stocks, including two, scallops and lobster, worth more than $500 million each.

During his tenure, he faced the daunting New England groundfish crisis. Bullard met the challenge head on, making the tough and unpopular decision to impose emergency closures when the New England Council failed to act.

“I know how difficult these issues are, and I tried to tackle them with courage and compassion,” says Bullard.

Bullard worked with Congress and state directors to deliver $32.8 million in disaster assistance to affected fishing families and communities. In close collaboration with the New England Council, Bullard then put quotas and closures in place to protect cod and other depleted fish stocks.

“We wish John well,” said New England Council Executive Director Tom Nies. “He is always willing to work with the council to find management solutions and empowers those around him to actively participate in the process, which is one of his key accomplishments. That may go unnoticed by many, but it is one of the reasons our council has been able to complete so many management actions during his tenure.”

Bullard’s leadership in protecting living marine resources included removing approximately 30,000 miles of rope from Atlantic coastal waters to reduce whale entanglements and expanding critical habitat for North Atlantic right whales in the region by more than 25,000 nautical miles. He also oversaw development of a strategy to restore river herring populations, imposed catch caps on mackerel and herring fisheries, and removed dams and created fish passages to double fish runs in key Maine, New Hampshire, and Massachusetts rivers.

“For me, John is an example of public service and more importantly, an example of working with stakeholders to have a positive impact on tough issues,” said Dr. Jon Hare, science and research director at NOAA’s Northeast Fisheries Science Center. “I will miss working with him and am thankful for his time as regional administrator.”

Bullard strongly supported groundbreaking actions created to bolster the Mid-Atlantic region’s important recreational and commercial fisheries. In 2016, he approved the Mid-Atlantic Council’s deep-sea coral amendment that protects 15 deep-sea canyons and a total area of 24 million acres, about the size of Virginia, where fragile, slow-growing corals live. These hotspots of biodiversity provide important habitat, refuge, and prey for fish and other marine life. Bullard has also advanced an action to protect small schooling fish, also known as forage fish, which serve as prey for larger fish, marine mammals, and sea birds. This would be the first ever action on the Atlantic coast to designate forage fish as important parts of the ecosystem and provide protection for them.

“Throughout his tenure as regional administrator, John has been an engaged and dedicated participant in the council process, and he has played an important role in increasing focus on the Mid-Atlantic portion of the Greater Atlantic Region,” said Chris Moore, executive director of the Mid-Atlantic Fishery Management Council. “His insight and leadership have been especially valuable to the Mid-Atlantic Council during the development of several new initiatives such as the Deep Sea Corals Amendment, the Unmanaged Forage Fish Amendment, and the development of an ecosystem approach to fisheries management.”

Bullard also led the charge to modernize access and sharing of fishery dependent data in cooperation with the Northeast Fisheries Science Center, the fishing industry, the councils and the Atlantic Coastal Cooperative Statistics Program. He championed electronic monitoring pilot projects on fishing vessels with partners in the industry and environmental non-government organizations to increase coverage and improve the data on which our science is based.

“It’s been an honor and pleasure to work with John. He has been a strong supporter of state/federal cooperation in the management of our shared marine resources,” said Bob Beal, executive director of the Atlantic States Marine Fisheries Commission. “We are grateful for his contributions to sustainable management and wish him the very best.”

“I’m really proud of the work I’ve done with the GARFO team. They are intelligent, hard-working, and caring professionals, and I rely on them every day to make me smart on the many issues we face,” said Bullard, who has no plans to slow down before he leaves. “There is work left to do before I leave—very important work. Still on my list are the Omnibus Habitat Amendment, the New England Council’s Deep Sea Coral Amendment, some critical dam removals, electronic monitoring, the Carlos Rafael situation, the summer flounder crisis, and the continuing groundfish challenge, among others.”

However, once he does bid the agency goodbye, he plans to literally sail into the sunset, provided the weather is warm enough!

The agency will launch a search for Bullard’s replacement within the next several months.

The U.S. Commerce Department today announced the appointment of 22 new and returning members to the eight regional fishery management councils that partner with NOAA Fisheries to manage ocean fish stocks. The new and reappointed council members begin their three-year terms on August 12.

The Magnuson-Stevens Fishery Conservation and Management Act established the councils to prepare fishery management plans for their regions. NOAA Fisheries works closely with the councils through this process and then reviews, approves and implements the plans. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks and manage them sustainably.

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories and tribal governments.

Council members are appointed to both obligatory (state-specific) and at-large (regional) seats. Council members serve a three-year term and can be reappointed to serve three consecutive terms. Asterisks preceding a member’s name indicate a reappointment.

New England Council (*denotes reappointment)

The New England Council includes members from Connecticut, Maine, Massachusetts, New Hampshire and Rhode Island. 2017 appointees will fill four at-large seats.

Peter Kendall* (New Hampshire)

Elizabeth Etrie* (Massachusetts)

John Pappalardo* (Massachusetts)

Ernest F. Stockwell (Maine)

Mid-Atlantic Council

The Mid-Atlantic Council includes members from the states of Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania and Virginia. 2017 appointees will fill obligatory seats for Maryland, North Carolina, New York, Pennsylvania and one at-large seat.

Blueline tilefish have been managed for many years under the South Atlantic Council’s Snapper Grouper Fishery Management Plan, whose measures only apply south of the Virginia/North Carolina border. The fishery in the Mid-Atlantic was considered very small and remained unregulated until recently.

Recreational and commercial blueline tilefish catch has been increasing steadily in the Greater Atlantic Region (Virginia to Maine) since 2011. In 2014, commercial landings increased more than 20-fold from the previous several years’ average. This rapid increase in unregulated harvest represented a risk to the long-term sustainability of the stock, and triggered the Mid-Atlantic Council to request emergency management measures in 2015. Interim management measures took effect in June 2016, while the Council developed this proposed amendment.

Amendment 6 to the Tilefish Fishery Management Plan would manage the federal waters blueline tilefish fishery north of the Virginia/North Carolina border. We are proposing these management measures for blueline tilefish as part of the Tilefish Fishery Management Plan.

Through this action, we are proposing a commercial possession limit of 300 pounds per trip.

We are also proposing a recreational season from May 1-October 31 and limits of:

The proposed rule would require fishermen to hold a valid Greater Atlantic Region open access tilefish commercial or charter/party permit to ensure adequate reporting and monitoring of blueline tilefish fishing activity. We also recommend requirements for new permits and catch reporting for private recreational fishermen.

You may submit comments on either through the e-rulemaking portal or by mailing your comments to: John Bullard, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Please mark the outside of the envelope: “Comments on Blueline Tilefish Amendment.”

The comment period closes for the proposed rule on July 28, 2017 and for the Notice of Availability on August 14, 2017.